Chapter 15.04
BUILDING AND FIRE CODE
Sections:
15.04.010 Establishing a building code, fire code and property maintenance code.
15.04.020 County court to set fees.
15.04.025 Right of entry, service utilities, unsafe structures.
15.04.030 Building official to determine compliance.
15.04.060 Repair and demolition fund.
15.04.070 Violations – Penalties – Remedies.
15.04.080 Building official – Authority to impose administrative civil penalty.
15.04.110 Dangerous buildings code.
15.04.130 Alternative materials and methods.
15.04.160 Powers and duties of the building official.
15.04.180 Authority to abate hazardous equipment.
15.04.190 Connection after order to disconnect.
15.04.010 Establishing a building code, fire code and property maintenance code.
(1) These regulations shall be known as the county of Crook building code, the building code, or “the code,” and may be cited as such.
(2) The most recently adopted versions of the following codes, which have been obtained by Crook County, as each are from time to time amended and revised, shall be the applicable codes for Crook County, and shall be the codes on file: the State of Oregon Structural Specialty Code, the Oregon Mechanical Specialty Code, the Oregon Plumbing Code, the Oregon Electrical Specialty Code, the Oregon Solar Installation Specialty Code, the Oregon Energy Efficiency Specialty Code, the Oregon Fire Code, the Oregon Residential Specialty Code, and the Oregon Manufactured Dwelling Installation Specialty Code. These codes shall be used to regulate the necessity for the issuance of permits, to regulate and control the design, construction, quality of materials, use and occupancy, location, and maintenance of all buildings and structures, the installation and operation of mechanical equipment, and to protect people and property to a reasonable degree from the hazards of fire, explosion, and public panic, and these codes by reference are made a part of this chapter as though fully set forth herein, except that the fees to be charged for building permits shall be as set forth in CCC 15.04.020.
(3) The building official has the additional authority to regulate the following:
(a) Pursuant to the regulation of dangerous buildings, the building official may adopt seismic rehabilitation plans that provide for phased completion of repairs that are designed to provide improved life safety but that may be less than the standards for new buildings.
(b) Abatement of nuisances and dangerous buildings.
(c) Fire safety during construction.
(d) Demolition.
(e) Protection of adjoining property.
(f) Encroachments into the public way.
(g) Retaining walls.
(h) Fences.
(i) Tanks.
(j) Cellular phone, radio, television and other telecommunication and broadcast towers, in compliance with federal law.
(k) Flagpoles.
(l) Building code aspects of signs.
(m) Floating structures.
(n) Docks.
(o) Fixed piers or wharves.
(p) Equipment shelters.
(q) Administration and implementation of a National Flood Insurance Program (NFIP).
(r) Transitional housing accommodations.
(s) Matters related to structures that are not otherwise encompassed by this code. (Ord. 318 §§ 1, 2, 2020; Ord. 241 § 1, 2011; Ord. 239 § 1, 2011; Ord. 169 Amd. 1 § 1, 2005; Ord. 169 § 1, 2005; Ord. 31 Amd. 3 § 1, 2002)
15.04.015 Purpose.
The purpose of this code is to establish minimum uniform performance standards providing reasonable safeguards for public health, safety, welfare, comfort, and security to the residents of Crook County through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, safety to life and property from fire and other hazards attributed to the built environment, and to provide safety to firefighters and emergency responders during emergency operations. (Ord. 241 § 1, 2011)
15.04.020 County court to set fees.
Building permits, plan checking and review fees, mechanical installation fees, and all other fees shall be set annually by the Crook County court. (Ord. 241 § 1, 2011; Ord. 31 Amd. 3 § 2, 2002)
15.04.025 Right of entry, service utilities, unsafe structures.
(1) Right of Entry. Where it is necessary to make an inspection to enforce the provisions of this code or to exercise the authority of the building official, or where the building official has reasonable cause to believe that there exists in a structure or upon a premises a condition which is contrary to or in violation of this code which makes the structure or premises unsafe, dangerous or hazardous, the building official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code; provided, that if such structure or premises be occupied that credentials be presented to the occupant and entry required. If such structure or premises is unoccupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry.
(2) Certificate of Occupancy. Issuance of certificate of occupancy is contingent upon the requirements of the state of Oregon Building Codes as well as other applicable county requirements.
(3) Service Utilities.
(a) Connection of Service Utilities. A person shall not make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until released by the building official.
(b) Temporary Connection. The building official shall have the authority to authorize the temporary connection of the building or system to the utility, source of energy, fuel or power.
(c) Authority to Disconnect Service Utilities. The building official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by the building code in case of emergency where necessary to eliminate an immediate hazard to life or property or where such utility connection has been made without the approval required by subsections (1) and (2) of this section. The building official shall notify the serving utility, and wherever possible the owner and occupant of the building, structure or service system, of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the building, structure or service system shall be notified in writing, as soon as practical thereafter.
(4) Unsafe Structures and Equipment.
(a) Conditions. Structures or existing equipment that are or hereafter become unsafe, unsanitary or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or that constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe, as the building official deems necessary and as provided for in this section. A vacant structure that is not secured against entry shall be deemed unsafe.
(b) Record. The building official shall cause a report to be filed on an unsafe condition. The report shall state the occupancy of the structure and the nature of the unsafe condition.
(c) Notice. If an unsafe condition is found, the building official shall serve on the owner, agent or person in control of the structure a written notice that describes the condition deemed unsafe and specifies the required repairs or improvements to be made to abate the unsafe condition, or that requires the unsafe structure to be demolished within a stipulated time. Such notice shall require the person thus notified to declare immediately to the building official acceptance or rejection of the terms of the order.
(d) Method of Service. Such notice shall be deemed properly served if a copy thereof is: delivered to the owner personally; sent by certified or registered mail addressed to the owner at the last known address with the return receipt requested; or delivered in any other manner as prescribed by local law. If the certified or registered letter is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice. Service of such notice in the foregoing manner on the owner’s agent or on the person responsible for the structure shall constitute service of notice on the owner.
(e) Restoration. Where the structure or equipment determined to be unsafe by the building official is restored to a safe condition, to the extent that repairs, alterations or additions are made or a change of occupancy occurs during the restoration of the structure, such repairs, alterations, additions and change of occupancy shall comply with the requirements of the building code. (Ord. 318 § 3, 2020)
15.04.030 Building official to determine compliance.
(1) The building official for Crook County is empowered to enforce the above-referenced codes by criminal or civil action, and by the issuance, or refusal to issue, or to revoke permits.
(2) It shall be a violation of this chapter to violate any provision of the above-referenced codes.
(3) The building official for Crook County may by written appointment grant to another county employee authority to perform any act or duty for which the building official is responsible, and a person so appointed has the same power as the building official in relation to the particular act authorized. (Ord. 241 § 1, 2011; Ord. 239 § 4, 2011; Ord. 31 Amd. 3 § 3, 2002)
15.04.040 Scope.
(1) This code shall apply to the construction, alteration, moving, demolition, repair, maintenance and work associated with any building or structure except those located in a public way or public utility poles and towers.
(2) Where in any specific instance sections of this chapter conflict with specific materials, methods of construction or other requirements contained in the enumerated specialty codes referenced herein, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.
(3) Where in any specific case there is a conflict between this code and any Oregon Revised Statute, the statute shall govern.
(4) These procedures apply to all codes contained in this title. If in a specific case there is a conflict between the administrative procedures of this chapter and an enumerated code, the procedures within this code shall govern. If in a specific case there is a conflict between the technical provisions of this chapter and a given code, the provisions within that code shall govern. (Ord. 241 § 1, 2011)
15.04.050 Savings clause.
In the event that any portion of this chapter is determined by a court of law to be invalid, the legality and effectiveness of the remaining provisions of this chapter shall not be affected by such determination and shall remain valid and effective. (Ord. 241 § 1, 2011; Ord. 31 Amd. 3 § 5, 2002)
15.04.060 Repair and demolition fund.
A special revolving fund is hereby established to be designated as the repair and demolition fund. Payments shall be made out of said fund upon the demand of the code official to defray the costs and expenses which may be incurred by Crook County in doing or causing to be done the necessary work of repair or demolition of dangerous buildings. All money recovered by payment of the charge or assessment or from the sale of the property shall be paid to the treasurer of Crook County, who shall credit the same to the repair and demolition fund.
Whenever the building official issues an order to the code official for repair or demolition, the work shall be accomplished whenever possible by private contract unless the code official determines that there are cost savings to be achieved by having Crook County do the work itself. If any part of the work is to be accomplished by private contract, public contracting procedures shall be followed. (Ord. 241 § 1, 2011; Ord. 31 Amd. 3 § 6, 2002)
15.04.070 Violations – Penalties – Remedies.
(1) No person, firm, corporation or other entity however organized shall erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain a building or structure in the county, or cause the same to be done, contrary to or in violation of this code.
(2) Violation of a provision of this chapter shall be subject to an administrative civil penalty not to exceed $5,000 or, in the case of a continuing violation as defined in subsection (3) of this section, not more than $1,000 for each day of the violation and shall be processed in accordance with the procedures set forth in this code.
(3) Each day that a violation of a provision of this chapter exists constitutes a separate violation.
(4) In addition to the above penalties, a condition caused or permitted to exist in violation of this chapter is a public nuisance and may be abated by any of the procedures set forth under the law.
(5) The penalties and remedies provided in this section are not exclusive and are in addition to other penalties and remedies available to the county under any ordinance, statute or law. (Ord. 241 § 1, 2011; Ord. 234 § 1, 2010; Ord. 31 Amd. 3 § 4, 2002. Formerly 15.04.040)
15.04.080 Building official – Authority to impose administrative civil penalty.
(1) Upon a determination by the building official or designee that any person, firm, corporation or other entity however organized has violated a provision of this chapter or a rule adopted thereunder, the building official may issue a notice of civil violation and impose upon the violator and/or any other responsible person an administrative civil penalty as provided by subsections (1) to (11) of this section. For purposes of this subsection, a responsible person includes the violator, and if the violator is not the owner of the building or property at which the violation occurs, includes the owner.
(2) Prior to issuing an order to correct a violation under this section, the building official may pursue reasonable attempts to secure voluntary correction.
(3) Prior to issuing a notice of civil violation and imposing an administrative civil penalty under this section, the building official shall issue an order to correct a violation to one or more of the responsible persons. Except where the building official determines that the violation poses an immediate threat to health, safety, environment or public welfare, the time for correction shall be five days.
(4) Following the date or time by which the correction must be completed as required by an order to correct a violation, the building official shall determine whether such correction has been completed. If the required correction has not been completed by the date or time specified in the order, the building official may issue a notice of civil violation and impose an administrative civil penalty to any responsible person to whom an order to correct was issued.
(5) Notwithstanding subsections (2) and (3) of this section, the building official may issue a notice of civil violation and impose an administrative civil penalty without having issued an order to correct violation or made attempts to secure voluntary correction when the building official determines that the violation was knowing or intentional or a repeat of a similar violation.
(6) In imposing an administrative penalty authorized by this section, the building official shall consider:
(a) The person’s past history in taking all feasible steps or procedures necessary or appropriate to correct the violation;
(b) Any prior violations of statutes, rules, orders and permits;
(c) The gravity and magnitude of the violation;
(d) Whether the violation was repeated or continuous;
(e) Whether the cause of the violation was an unavoidable accident, negligence, or an intentional act;
(f) The violator’s cooperativeness and efforts to correct the violation; and
(g) Any relevant rule of the building official.
(7) Any notice of a civil violation that imposes an administrative civil penalty under this section shall either be served by personal service or shall be sent by registered or certified mail and by first class mail. A notice served by mail shall be deemed received for purposes of any time computations hereunder three days after the date mailed if to an address within this state, and seven days after the date mailed if to an address outside this state. Every notice shall contain:
(a) Reference to the particular code provision, ordinance number, or rule involved;
(b) A short and plain statement of the matters asserted or charged;
(c) A statement of the amount of the penalty or penalties imposed;
(d) The date on which the order to correct was issued and time by which correction was to be made, or if the penalty is imposed pursuant to subsection (5) of this section, a short and plain statement of the basis for concluding that the violation was knowing, intentional, or repeated; and
(e) A statement of the party’s right to appeal the civil penalty to the Crook County hearings officer, a description of the process the party may use to appeal the civil penalty, and the deadline by which such an appeal must be filed.
(8) Any person, firm, corporation or other entity however organized that is issued a notice of civil penalty may appeal the penalty to the Crook County hearings officer. The Crook County hearings officer designee shall not be the building official or building inspector. The provisions of CCC 15.04.070 shall govern any requested appeal.
(9) A civil penalty imposed hereunder shall become final upon expiration of the time for filing an appeal, unless the responsible person appeals the penalty to the Crook County hearings officer pursuant to and within the time limits established by CCC 15.04.090.
(10) Each day the violator fails to remedy the code violation shall constitute a separate violation.
(11) The civil administrative penalty authorized by this section shall be in addition to: (a) assessments or fees for any costs incurred by the county in remediation, cleanup or abatement; (b) any other actions authorized by law; and (c) lien docket recording fees. (Ord. 241 § 1, 2011; Ord. 234 § 1, 2010)
15.04.090 Appeal procedures.
(1) A person, firm, corporation or other entity however organized aggrieved by an administrative action of the building official taken pursuant to any section of this code that authorizes an appeal under this section may, within 15 days after the date of the notice of the action, appeal in writing to the building official. The written appeal shall be accompanied by an appeal fee set by the county and shall include:
(a) The name and address of the appellant;
(b) The nature of the determination being appealed;
(c) The reason the determination is incorrect; and
(d) What the correct determination of the appeal should be.
If a person, firm, corporation or other entity however organized appeals a civil penalty to the Crook County hearings officer the penalty shall become final, if at all, upon issuance of the Crook County hearings officer’s decision affirming the imposition of the administrative civil penalty.
(2) If a notice of revocation of a license or permit is the subject of the appeal, the revocation does not take effect until final determination of the appeal. Notwithstanding this subsection, an emergency suspension shall take effect upon issuance of, or such other time stated in, the notice of suspension.
(3) Unless the appellant and the county agree to a longer period, an appeal shall be heard by the Crook County hearings officer within 30 days of the receipt of the notice of intent to appeal. At least 10 days prior to the hearing, the county shall mail notice of the time and location thereof to the appellant.
(4) The Crook County hearings officer shall hear and determine the appeal on the basis of the appellant’s written statement and any additional evidence the Crook County hearings officer deems appropriate. At the hearing, the appellant may present testimony and oral argument personally or by counsel. The burden of proof shall be on the building official. The rules of evidence as used by courts of law do not apply.
(5) The Crook County hearings officer shall issue a written decision within 10 days of the hearing date. The written decision of the Crook County hearings officer is final.
(6) Other than as provided in this subsection, the appeal fee is not refundable. The Crook County hearings officer may make a determination on the motion of the appellant that the appeal fee shall be refunded to the appellant upon a finding by the Crook County hearings officer that the appeal was not frivolous.
(7) Failure to pay a penalty imposed hereunder within 10 days after the penalty becomes final as provided in subsection (1) of this section shall constitute a violation of this code. Each day the penalty is not paid shall constitute a separate violation. The building official is authorized to collect the penalty by administrative or judicial action or proceeding authorized by CCC 15.04.100, other provisions of this code, or state statutes.
(8) Persons, firms, corporations, or other entities however organized contesting the orders, decisions, or determinations made by the building official in the application and interpretation of technical or scientific matters of the specialty codes adopted in this chapter may make an appeal within 30 days from the building official’s determination by either:
(a) Requesting a hearing before the local board of appeals as established per this chapter and pay a appeal fee to the building department as established per CCC 15.04.020; or
(b) Utilize the alternate appeal procedures outlined in OAR 918-008-0120 or 918-001-0130. (Ord. 241 § 1, 2011; Ord. 239 § 2, 2011; Ord. 234 § 1, 2010)
15.04.100 Unpaid penalties.
(1) If an administrative civil penalty is imposed on a responsible person because of a violation of any provision of this code resulting from prohibited use or activity on real property, and the penalty remains unpaid 10 days after such penalty becomes final, the building official shall assess the property the full amount of the unpaid fine and shall enter such an assessment as a lien in the docket of county liens. The lien shall be enforced in the same manner as all county liens. Interest shall commence from the date of entry of the lien in the lien docket.
(2) In addition to enforcement mechanisms authorized elsewhere in this code, failure to pay an administrative civil penalty imposed pursuant to this code shall be grounds for withholding issuance of requested permits or licenses, issuance of a stop work order, if applicable, or revocation or suspension of any issued permits or certificates of occupancy. (Ord. 241 § 1, 2011; Ord. 234 § 1, 2010)
15.04.110 Dangerous buildings code.
(1) The 2009 International Property Maintenance Code is adopted, except as modified in this chapter.
(2) Unsafe Buildings.
(a) All buildings or structures regulated by this code which are unsafe under the terms of the International Property Maintenance Code as adopted are hereby designated as unsafe buildings, structures, or appendages.
(b) All such unsafe buildings, structures, or appendages are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures set forth in this chapter. As an alternative the code official, building official or another employee or official as designated by the governing body may institute any other appropriate action to prevent, restrain, correct, or abate the violation.
(3) Supplementary Definitions. These definitions apply to this section only unless otherwise incorporated by other sections of this chapter.
(a) “Code official” means the official who is charged with the administration and enforcement of the International Property Maintenance Code, or any duly authorized representative as appointed by the chief authority of the jurisdiction, including but not limited to the code enforcement officer or building official employed by the jurisdiction.
(b) “Board of appeals” means a three-member board, established by the Crook County court, to hear appeals of the determinations made by the building official relative to the application and interpretation of technical or scientific matters of this code, and to hear appeals of the notices and orders issued pursuant to CCC 15.04.090.
(4) Modified and Deleted Provisions.
(a) The following sections and chapters of the International Property Maintenance Code as adopted are hereby deleted: Sections 301, 302, 303, 307, 308, 404.4.2, 404.4.3, and 606 and Appendix A.
(b) Where referenced codes are identified as the “International Building Code, International Fire Code and International Plumbing Code,” these codes are not adopted and the codes adopted in CCC 15.04.010 shall apply.
(c) Where Section 505.4 reads “at a temperature of not less than 110 degrees,” it is amended to read “at a temperature not to exceed 120 degrees Fahrenheit.”
(5) Notwithstanding Section 111 of the International Property Maintenance Code as adopted, the time period for appeals from notices, orders or actions of the code official shall be 20 days. (Ord. 241 § 1, 2011; Ord. 239 § 3, 2011)
15.04.120 Definitions.
(1) “Building official” means a person charged with responsibility for administration and enforcement of the state building code.
(2) “Plans examiner” means a person charged with reviewing plans for compliance with the building code at the level for which the plans examiner is certified by the state of Oregon and/or International Code Council.
(3) “Inspector” means a person charged with conducting inspections of work covered by the specialty codes at the level certified by the state of Oregon and/or International Code Council.
(4) “Dwelling” means any building that contains one or two dwelling units used, intended, or designed to be built, used, rented, leased, let or hired out to be occupied, or that are occupied for living purposes.
(5) “Dwelling unit” means a single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
(6) “Construction documents” means written graphic and pictorial documents prepared or assembled for describing the design location and physical characteristics of the elements of a project necessary for obtaining a permit.
(7) “Building code board of appeals” means a three-member board, established by the Crook County court, to hear appeals of the determinations made by the building official relative to the application and interpretation of technical or scientific matters of this code, and to hear appeals of the notices and orders rendered under this chapter. (Ord. 241 § 1, 2011)
15.04.130 Alternative materials and methods.
(1) The provisions of this code are not intended to prevent the use of any alternate material design or method of construction not specifically proscribed by this code, provided such alternate has been approved and its use authorized by the building official.
(2) The building official may approve any such alternate material design or method, provided the building official finds that the proposed material design or method complies with the provisions of the building code and that it is for the purpose intended at least the equivalent of that prescribed in the building code in suitability, strength, effectiveness, fire resistance, durability, safety, and sanitation.
(3) The building official shall require that evidence or proof be submitted to substantiate any claims that may be made regarding its use and the details of any approval of any alternate material design or method shall be recorded and entered in the files of the agency. (Ord. 241 § 1, 2011)
15.04.140 Modifications.
Wherever there are practical difficulties in carrying out the provisions of the applicable building code, the building official may grant modifications for individual cases upon application by the owner or owner’s representative, provided the building official first finds the special individual reason makes the strict compliance of the building code impractical, that the modification is in conformance with the intent and purpose of this code, and that the modification does not lessen health, accessibility, life and fire safety, or structural requirements. Any action granting modification shall be recorded in the files of the agency. (Ord. 241 § 1, 2011)
15.04.150 Tests.
(1) Whenever there is insufficient evidence of compliance with the provisions of the building code or that any material method or design conforms to the requirements of the building code, the building official may specify and require tests be made as proof of compliance at no expense to the county.
(2) Test methods shall be as specified by this code or by other recognized test standards approved by the building official.
(3) All tests shall be made by a testing agency approved by the building official. Reports of such tests shall be retained by the building official. (Ord. 241 § 1, 2011)
15.04.160 Powers and duties of the building official.
(1) The building official is authorized to enforce all the provisions of this code.
(2) There is hereby established a code enforcement agency which shall be under the administrative and operational control of the building official.
(3) The building official shall have the power to render written and oral interpretations of this code and to adopt and enforce administrative procedures in order to clarify the application of its provisions. Such interpretations of rules and regulations shall be in conformance with the intent and purpose of the Crook County Code and other applicable law.
(4) In accordance with prescribed procedures, and with the approval of the Crook County court, the building official may appoint technical officers and inspectors and other employees to carry out the functions of the code enforcement agency.
(5) Whenever any work is being done contrary to the provisions of the building code or other pertinent laws, the building official may order the work stopped by notice in writing served on any person(s) engaged in the doing or causing of such work to be done. Such persons shall stop such work until specifically authorized by the building official to proceed thereafter.
(6) Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to the penalties as described in this chapter and other applicable law.
(7) The building official or the building official’s authorized deputy shall have the authority to disconnect fuel gas utility service and/or other energy supplies to buildings, structures, premises or equipment regulated by this code when necessary to eliminate an immediate hazard to life or property. The building official shall, whenever possible, notify prior to taking such action the serving utility, the owner, and occupant of the building, structure or premises of the decision to disconnect, and shall notify such serving utility, owner and occupant of the building, structure or premises in writing of such disconnection within a reasonable time after making the disconnection. (Ord. 241 § 1, 2011)
15.04.180 Authority to abate hazardous equipment.
(1) When the building official ascertains that equipment or any portion thereof regulated by this code has become hazardous to life, health or property, the building official shall order the equipment either removed from its location or restored to a safe and/or sanitary condition, as appropriate. The notice and order shall be in accordance with the applicable building code.
(2) When equipment or an installation is to be disconnected, written notice of the disconnection (and causes therefor) shall be given within 24 hours to the involved utility, the owner and/or occupant of the building, structure or premises. When equipment is maintained in violation of this code and in violation of a notice issued pursuant to the provisions of this section the building official may institute such action as defined in the applicable building code or as he or she deems necessary to prevent, restrain, correct, or abate the violation. (Ord. 241 § 1, 2011)
15.04.190 Connection after order to disconnect.
No person shall make a connection to or from an energy, fuel, or power supply to any equipment regulated by this code which has been disconnected or ordered disconnected or discontinued by the building official until the building official specifically authorizes the reconnection and/or use of such equipment. (Ord. 241 § 1, 2011)